Guidelines on Calculating the Time Limit for Appeals, Applications for Annulment, or Protests
关于上诉、申请撤销或抗诉期限计算的指导意见
ຄຳແນະນຳ ວ່າດ້ວຍ ການນັບກຳນົດເວລາ ຂໍອຸທອນ, ຂໍລົບລ້າງ ຫຼື ການສະເຫຼີຄັດຄ້ານ
Summary
The Supreme People's Court issued guidance to unify calculation rules for appeal, annulment, or protest deadlines, addressing inconsistent practices among people's courts and military courts at all levels.
Articles
Article 1
The twenty-day period for filing an appeal or protest against a judgment in a criminal case, and the forty-five-day period for filing an application for annulment or protest against a ruling, shall commence from the date of reading or learning of the judgment or ruling, with that day counted as the first day; if the right to appeal, apply for annulment, or protest against a judgment or ruling in a criminal case has been reserved, then the twenty-day period for submitting an appeal or protest against the judgment, and the forty-five-day period for submitting an application for annulment or protest against the ruling, shall commence from the date of reserving the right to appeal, apply for annulment, or protest, with that day counted as the first day.
Article 2
In civil cases, the twenty-day period for filing an appeal or protest against a judgment, and the thirty-day period for applying for revocation or protest against a ruling, shall be calculated from the date the judgment or ruling is made, or from the date of learning of the judgment or ruling, with that day counted as the first day.
Article 3
In calculating the time limit for appealing, applying for annulment, or filing a protest against a judgment or ruling in criminal or civil cases, as well as the time limit for submitting an appeal, application for annulment, or protest, national legal holidays, traditional festivals, and important national days shall all be included; however, if the last day of the aforementioned time limit falls on a national legal holiday, traditional festival, important national day, or a day of force majeure events with reasonable grounds, submission may be permitted on the first subsequent working day. Time limits shall be calculated according to calendar days. Upon receipt of this guiding opinion, please disseminate and publicize it to relevant responsible personnel for strict and joint implementation. This guiding opinion shall take effect from the date of signing.
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